Tomorrow's Revised 'Stalking Punishment Act' Enforced... Supreme Prosecutors' Office Orders "Active Request for Temporary Location Tracking Measures"

"Instruction to Appoint Public Defender for Victims Without Lawyers"

On the 11th, one day before the revised Stalking Punishment Act takes effect, the Supreme Prosecutors' Office instructed prosecution offices nationwide to actively request provisional location tracking measures against stalking offenders and to appoint public defenders for victims.

Seoul Seocho-dong Supreme Prosecutors' Office building. Photo by Younghan Heo younghan@

On this day, the Supreme Prosecutors' Office stated, "According to the revision of the Stalking Punishment Act on July 11 last year, the provisional location tracking measure and the special provision for appointing victim lawyers, which were introduced, will be implemented from the 12th after a six-month grace period." "Accordingly, the Supreme Prosecutors' Office has instructed prosecution offices nationwide to thoroughly verify 'details of stalking behavior,' 'violations of existing provisional measures such as restraining orders,' 'criminal records,' and 'relationship with the victim' from the early stages of investigation to actively request provisional location tracking measures when there is a high risk of recurrence of stalking behavior, so that the legislative intent of prompt victim protection and support can be achieved."

Furthermore, the Supreme Prosecutors' Office added, "when victims appear to testify during investigation or trial stages, the appointment of victim lawyers should be confirmed, and if there is no lawyer, a public defender should be appointed to protect the rights and interests of the victim."

The Supreme Prosecutors' Office explained, "Once the provisional location tracking measure is decided, the probation office will provide protective devices to the victim, and the 'Stalker Location Information Victim Notification System' will be implemented, which sends alert messages to the victim when the stalking offender approaches within a certain distance, while the responsible police officer promptly dispatches to the scene."

Finally, the Supreme Prosecutors' Office stated, "The prosecution will closely cooperate with the police and probation office to respond swiftly and strictly to stalking crimes, thereby protecting the safe daily lives of victims."

The revised Stalking Punishment Act, amended in July last year, added Article 9(3-2) to Paragraph 1 of Article 9 (Provisional Measures Against Stalking Offenders), including 'attachment of location tracking electronic devices as defined in Article 2, Item 4 of the Electronic Device Attachment Act' as a provisional measure that can be imposed on stalking offenders.

Additionally, the newly established Article 17-4 (Special Provisions for Appointment of Lawyers for Victims) stipulates that a lawyer appointed by the victim or their legal representative may participate in victim investigations conducted by prosecutors or judicial police officers and express opinions, and if the victim does not have a lawyer, the prosecutor may appoint a public defender.